Agenda item

Reference No – 140133

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?140133

The Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Committee approve the application in respect of planning permission for a variation of planning condition 5 of the original permission, to increase the opening hours of the approved hot food takeaway on Sundays from 8.30am to 10.00pm (the original permission was from 8.30am to 4.00pm), subject to the following conditions:-

(1)  That the use hereby granted planning permission shall not take place unless any external duct work comprised in the approved scheme for filtering, extracting and dispersing cooking fumes has been finished in a colour to match the exterior of the premises or treated in accordance with such other scheme as may be submitted to and approved in writing by the planning authority; (2)  that the use hereby granted planning permission shall not take place unless provision has been made within the application site for litter disposal and, if appropriate, recycling facilities in accordance with a scheme which has been submitted to and approved in writing by the planning authority; (3)  that the building hereby granted planning permission shall not be used for the sale of hot food unless it has been adapted to provide sound attenuation against internally generated noise.  Such a scheme shall ensure that the internal noise level in residential properties above and adjacent to the hot food shop is not greater than 45 Db[A] during the day and 35 Db[A] at night in each habitable room, all in accordance with details submitted to and approved in writing by the planning authority before development commences, unless the planning authority has given written approval for a variation; (4)  that the use hereby granted planning permission shall not take place unless a scheme showing the proposed means of filtering, extracting and dispersing cooking fumes from the premises and a system of regular maintenance has been submitted to and approved in writing by the planning authority and that the said scheme has been implemented in full and is ready for operation; (5)  that hot food shall not be sold from the premises other than during the hours from 8.30am until 10.00pm, unless the planning authority has given prior written approval for a variation; and (6)  that, except as the planning authority may otherwise agree in writing, no construction or demolition work shall take place (a) outwith the hours of 7.00am to 7.00pm Mondays to Fridays; (b) outwith the hours of 9.00am to 4.00pm Saturdays; or (c) at any time on Sundays, except (on all days) for works inaudible outwith the application site boundary.  [For the avoidance of doubt, this would generally allow internal finishing work, but not the use of machinery].

The Convener moved, seconded by Councillor Grant:-

That the application be approved in accordance with the recommendation contained within the report.

Councillor Jennifer Stewart moved as an amendment, seconded by Councillor Thomson:-

That the application be refused on the grounds that the proposed increase in opening hours could lead to an increase in litter and anti-social behaviour, and would therefore have a detrimental effect on residential amenity.

On a division, there voted:-  for the motion  (10)  -  the Convener; and Councillors Corall, Grant, Jaffrey, Lawrence, MacGregor, Jean Morrison, Samarai, Sandy Stuart and Townson;  for the amendment  (5)  -  the Vice Convener; and Councillors Boulton, Greig, Jennifer Stewart and Thomson.

The Committee resolved:-

to adopt the motion.